Obama takes heat over 'transparent' FISA court

Jun. 21, 2013
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President Obama / Timur Emek, Getty Images

by David Jackson, USA TODAY

by David Jackson, USA TODAY

The critics are having a field day with President Obama's comment this week that the court that oversees the Foreign Intelligence Surveillance Act is "transparent."

The FISA court conducts its business in secret (though some documents have been leaked in recent weeks).

The website PolitiFact gave Obama the dreaded "Pants on Fire" verdict over his FISA court comment, saying he "can't have his cake and eat it, too."

In an interview with Charlie Rose of PBS, Obama defended National Security Agency phone and Internet surveillance programs by saying they have congressional and judicial oversight, the latter a reference to the FISA court.

When Rose asked, "Should this be transparent in some way?" Obama replied, "It is transparent. That's why we set up the FISA court."

In its analysis, PolitiFact pointed out that the FISA court was set up to handle classified material, which is secret by nature.

"We don't doubt that there are good reasons for secrecy at the court, but if you're going to operate a mostly secret court, you also don't get to crow about how 'transparent' it is," PolitiFact said. "The president can't have his cake and eat it, too. We rate his claim Pants on Fire."

Obama aides are exploring ways to declassify some FISA documents, to better explain how the counterterrorism surveillance programs work.